62
having regard to the nature and charac¬
ter of the subject-matter to which it
is to be applied,"
My conclusion is that Design No 83/0647 was not
novel or original, and that MULLINS J was correct in order¬
ing the cancellation of the registration.
FORM OF ORDER
It was submitted on behalf of Schultz that paras
1 and 2 of the order made by the Court a quo were too wide.
I agree that the order should be amended to make
it clear that the interdict relates solely to the Butt-
Cat hull (which was the only hull in issue in the appli¬
cation), and that the order for delivery up in para 2 should
relate solely to the period after 17 October 1983.
In
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents